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Exam 7: Tort Law

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Question 41

Multiple Choice

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Which of the following is land and everything permanently attached to it?

A) Real property
B) Personal property
C) Absolute property
D) Listed property
E) Fee property

F) A) and D)
G) A) and B)

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Question 42

Multiple Choice

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Reference - Wedding Photos. Bobby took a number of wedding photos at Jill's wedding. He was paid as the photographer. On all of the photographs, he appropriately noted in the bottom right-hand corner the necessary information showing that he was claiming copyright protection. Jill came to see Bobby three years after the initial photographs were taken and requested that he grant her permission to run off as many copies as she wanted at the local photo shop from the pictures that she initially purchased. The photo shop had refused to reproduce the photographs without his permission. When he refused to give her permission to do so, Jill started a heated argument. She told Bobby that photographs are not entitled to copyright protection. She also told him that even if he was correct that there was some copyright protection, she was engaged in fair use; and that, in any event, damages for copyright infringement are unavailable. Which of the following is true regarding Jill's claim that she was engaged in fair-use?

A) It is likely that she would win on the claim because she does not seek to use the photographs in a business pursuit.
B) It is likely that she would win on the claim because she only seeks to copy what she has already purchased.
C) This issue would not come up because Bobby is not entitled to copyright protection on the photographs.
D) She would loose because the fair-use doctrine is only available to educators.
E) She would likely lose under the weighing test mandated by the Copyright Act.

F) A) and E)
G) A) and D)

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Question 43

Multiple Choice

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If a trademark is unregistered, which of the following may the holder recover when an infringer uses the mark to pass off goods as being those of the mark owner?

A _____________ estate is the most complete estate a person may have.

If a trademark is registered, what may the owner obtain in the event of infringement from a person who used the trademark to pass off goods as being those of the mark owner?

Trade dress is entitled to the same protection as a trademark.

Tying arrangements are illegal.

Subleasing of leased property by the tenant to another party is permissible unless specifically prohibited by the lease.

In Kelo v. City of New London, the U.S. Supreme Court ruled that as a matter of law, the government violates the Fifth Amendment by taking private property and selling it for private development.

Copyrights protect ideas themselves.

Lost property legally has the same meaning as mislaid property.

Which of the following provides that a portion of a copyrighted work may be reproduced for purposes of criticism, comment, news reporting, teaching, scholarships, and research?

Identify where a trademark is registered, what one should do when requesting registration and what the governmental office involved would then do. Identify circumstances under which a trademark will not be accepted for registration.

Which of the following criteria must be satisfied in order for a patent, other than a design patent, to be granted?

Which of the following procedures must be followed in order to effectuate a voluntary transfer of real property?

Which of the following is the way people in businesses are located on the web?

Once a trademark is registered, when must it initially be renewed?

Ellen, who runs a successful nail salon, ran across a very interesting pamphlet on customer relations. The pamphlet was fifty pages long and cost $70.00. Ellen thought the price was outrageous. Accordingly, she bought one copy and photocopied the pages that she thought were pertinent and gave them to her employees. She copied forty of the pages out of the pamphlet for each of twenty employees. A disgruntled employee informed the publisher of the pamphlet what Ellen had done and she was charged with copyright infringement. Ellen defended on the basis of the fair use doctrine. List the four factors a court would consider in determining whether a violation occurred and discuss whether or not you think Ellen would prevail and why.

Reference - Scuba Diving. Marcy invented a new type of mask for scuba divers that was not subject to fogging. She agrees to allow Jenny to manufacture and sell the mask. She receives a sum of money for every mask that Jenny sells. Marcy also entered into an agreement with Frank to allow him to sell the masks but only if he also purchased non-patented diving suits from Marcy. All parties proceeded to do very well with their sales. Marcy's agreement with Jenny allowing Jenny to sell the mask is referred to as which of the following?

A teacher cannot be held liable for copyright infringement under the Fair-Use Doctrine so long as copies are only used for educational purposes.